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Hossam el-Hamalawy

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Hossam el-Hamalawy

Category: Blog

Parliament endorses Mubarak’s constitutional amendments

Posted on 19/03/200727/12/2020 By 3arabawy

Mubarak’s NDP-dominated parliament has just endorsed the amendments. The referendum will be held on March 26, instead of April.

Congrats Gamal!

UPDATE: Here’s an AP report by Nadia Abou El-Magd:

Egyptian parliament approves controversial amendments to constitution
CAIRO, Egypt (AP) _ Egypt’s parliament on Monday approved a controversial set of amendments to the constitution that the opposition has denounced as a blow to democracy in this top U.S. ally in the Mideast.
President Hosni Mubarak has billed the changes as part of a reform package aimed at increasing democracy in the country he has ruled unchallenged for a quarter century.
But the opposition say the changes restrict judicial supervision of elections that they call vital to preventing vote fraud. The amendments also write permanently into the constitution strong security powers for the president they fear will be abused.
In a late evening session, ruling party lawmakers approved the amendments, a day earlier than expected. “With our blood and souls we sacrifice ourselves for you, Mubarak,” they cried, shaking their fists in the parliament chamber.
A spokesman for the Muslim Brotherhood, the biggest opposition bloc in the legislature, accused the government of passing the measures “in the night, like thieves.”
“There is a strange and worrisome insistence on passing the amendments as quickly as possible, which reveals the extent of the conspiracy against the people, ” Hamdi Hassan told The Associated Press. “
Many critics see the changes as aimed at preserving the 78-year-old Mubarak’s control and smoothing the way for his son Gamal to succeed him in a future election.
Opponents also believe the amendments aim to ward off any election challenge from the Brotherhood, the Islamic fundamentalist group that is Egypt’s strongest opposition movement. The Brotherhood scored a surprise victory in parliament elections in late 2005, winning around a fifth of parliament’s 454 seats, showing their widespread popularity.
Two years ago, the United States had made reform in Egypt a cornerstone of its policy pushing for greater democracy in the Middle East. U.S. leaders publicly called for Mubarak to allow change in Egypt, where almost all levels of power are dominated by his ruling party or his military.
But public American pressure has fallen nearly silent the past year, as Washington has sought Mubarak’s support in the Mideast’s numerous crises, including Iraq, Lebanon and the Israeli-Palestinian conflict. Egyptian opposition figures also believe Washington was worried by the strong Brotherhood showing in the elections.
The 34 amendments _ the biggest constitutional change since 1971 _ passed late Monday with a vote of 315 in favor, parliament speaker Fathi Sorour announced, live on Egyptian television.
Sorour did not announce the “no” votes. The Brotherhood’s Hassan said 113 voted against the amendments, including two members of the ruling National Democratic Party.
The amendments will now be put before a popular referendum, expected in late March or early April. The opposition has called for Egyptians to boycott the referendum.
Gihad Auda, a political scientist who sits on the ruling party’s policy-making commission, insisted the majority of Egyptians back the changes.
“I am sure that the silent majority will move when the time comes and approve the amendments,” he told Al-Jazeera television.
Abdel-Halim Qandil, a leader of the pro-reform Kifaya movement, said the government was “rushing to commit a political crime. … They are using the constitution like a tissue paper.”
“They are moving on to a greater crime, the son inheriting power from the father,” he told the Associated Press.
Late last year, Mubarak promised wide-ranging democratic reform in a nationally publicized speech, including a reduction in his powers in favor of the prime minister and an increasing role for political parties.
The opposition called for amendments such as ending the requirement of government approval to form a political party and a two-term limit for the president.
But the changes passed Monday are less sweeping _ and the opposition called them a setback.
_ One amendment bans the formation of any political party based on religion, ensuring the Brotherhood _ which is banned _ cannot become a party. Another amendment would require any candidate for president to come from a recognized political party holding at least three percent of the seats in parliament.
Brotherhood candidates run as independents in elections. Ruling party lawmakers have spoken of reforming parliament elections to run them by party slates rather than by individual candidates, which could reduce the Brotherhood’s presence in the legislature as well.
_ Another change creates an independent commission to monitor elections, a step the opposition says will reduce the role of judges in overseeing the vote. During the 2005 parliament elections, pro-reform judges blew the whistle on vote fraud that plagued the balloting. Critics doubt the new body will be truly independent.
_ An amendment replacing emergency laws in place since 1981 would empower the president to refer “any terrorist crime to any of the judiciary authorities stated in the constitution or the law.”
Opponents say that means the president can refer suspects to military courts, which have been widely used in the past but are sharply criticized by rights groups since their rulings cannot be appealed.
The rights group Amnesty International said the proposed reforms, particularly the anti-terrorism statute, will lead to the “greatest erosion of rights in 26 years.” Egyptian Foreign Minister Ahmad Aboul Gheit bluntly rejected the criticism, saying outsiders don’t have the right to “even express their opinion” on Egypt’s constitution.

UPDATE: Here is a fact box by Aziz el-Kaissouni of Reuters:

FACTBOX-Facts about Egypt’s constitutional amendments
March 19 (Reuters) – Egypt’s parliament approved on Monday a package of constitutional amendments billed as reforms but which opposition groups say will further erode human rights in the most populous Arab country.
Following are some facts about the amendments, which must still be put to a popular referendum:
— An anti-terrorism clause dictates that measures to combat terrorism should take place under judicial oversight, but would not be constrained by three other clauses of the constitution that require security forces to obtain court orders for arrests, surveillance and searches of private property.
— The anti-terrorism clause, designed to replace existing emergency law in place since 1981, also gives President Hosni Mubarak the right to refer “terrorism crimes” to any court, a change analysts say could facilitate referral of suspects to military tribunals.
— The laws would allow Mubarak to dissolve parliament unilaterally, eliminating a requirement that he seek approval for such a move in a popular referendum.
— The changes would ban all political activity based “on any religious reference or basis”, a change that may quash the opposition Muslim Brotherhood’s hopes for legal standing as a political party. The Brotherhood is the country’s strongest opposition group.
— The changes would limit judicial oversight of elections by removing existing requirements that judges supervise balloting and vote counting, although judges would still be part of local electoral commissions. Opposition and civil society groups traditionally see Egypt’s judges as a bulwark against abuses they say are widespread.

Mubarak’s Military Courts: 94 sentenced to death, 701 jailed in 8 years

Posted on 19/03/200727/12/2020 By 3arabawy

From Ikhwan Web:

94 persons were sentenced to death and 701 others were given prison sentences out of 1136 defendants in 36 cases that appeared before the military justice between 1992 and 2000, said a human rights study.
The series of transferring civilians to military tribunals started in 1992 when president Mubarak, as a military governor, referred 48 defendants in the two cases of “Returnees from Afghanistan” and “Jihad Organization” to the Supreme Military Tribunal in Alexandria in late October 1992.

HRW to Mubarak’s regime: Investigate police torture, rape of blogger Sharqawi

Posted on 19/03/200702/01/2021 By 3arabawy

The NYC-based rights watchdog issued a statement today, calling on the regime to stop targeting bloggers, and investigate the torture and sexual abuse against leftist blogger Muhammad el-Sharqawi, who was brutalized and sodomized by a State Security officer from the Counter-Communism Bureau (Maktab Mokafahet el-Shyou’eia) with the help of Qasr el-Nil Police Station agents, on 25 May 2006.

Muhammad el-Sharqawi hours before he was kidnapped by State Security on May 25, 2006. Photo courtesy of an activist friend]
Muhammad el-Sharqawi hours before he was kidnapped by State Security on May 25, 2006. Photo courtesy of an activist friend]

Egypt: Investigate Torture, Rape of Activist Blogger
(Cairo, March 19, 2007) — The Egyptian Interior Ministry should immediately investigate and prosecute the torture and rape of pro-democracy activist and blogger Muhammad al-Sharqawi in police custody last year, Human Rights Watch said today. The authorities must also protect him from any police intimidation.
Despite repeated requests from al-Sharqawi and his lawyers since the torture took place almost a year ago, authorities have yet to take any visible action to bring those responsible to justice. Al-Sharqawi, who has campaigned against torture and other human rights abuses at street protests, through his personal blog, and through interviews with the press, told Human Rights Watch that an officer he recognized as having been present when he was abused in custody “always seems to be waiting downstairs from my apartment,” and that unidentified men have come to his door to ask him if he was home and if he lives alone. Around 7 pm on March 10, he came home to find his laptop, which he said contained a new, unreleased video of police abuse, had been stolen. Though cash and other valuables were lying around the apartment, nothing else was taken. Al-Sharqawi told Human Rights Watch that he is no longer sleeping at home.
Also on March 10, the State Security Investigations department of the Interior Ministry issued a report to public prosecutors that named al-Sharqawi and 16 other bloggers, journalists and activists as being responsible for “spreading false news” that could harm Egypt’s image abroad and organizing demonstrations. Among those named in report were bloggers Wa’il Abbas and Alaa Seif al-Islam, who have played a central role in campaigning against police abuse through their blogs. The report also named `Abir al-Askari, a journalist for the weekly Al-Dustur who was assaulted by police at a May 11 demonstration, and leading activists from the Kifaya (“Enough”) movement. On March 15, police dispersed a Kifaya demonstration against proposed amendments to Egypt’s constitution and detained 21 protesters for two days.
“Almost a year after al-Sharqawi was tortured and raped in a police station, the authorities have taken no visible steps to hold to account those responsible for the crime,” Sarah Leah Whitson, Middle East director at Human Rights Watch said. “Rather than allowing police to intimidate and harass this young activist, the Egyptian government should be doing everything it can to prosecute the officers who tortured him.”
Security forces first arrested al-Sharqawi on April 24 at a demonstration in support of judicial independence in Cairo and released him on May 23. Agents of the State Security Investigations (SSI) bureau of the Interior Ministry arrested him again on May 25 as he was leaving another peaceful demonstration in downtown Cairo. The demonstration on May 25 commemorated the one-year anniversary of violent attacks by police and ruling party supporters against journalists and demonstrators, who had been urging a boycott of a constitutional referendum.
Al-Sharqawi told Human Rights Watch that his captors beat him for hours and then raped him with a cardboard tube at the Qasr al-Nil police station before transferring him to the State Security Prosecutor’s office in Heliopolis. When his lawyers saw al-Sharqawi at the prosecutor’s office late at night on May 25, they immediately asked for him to receive a forensic medical examination and treatment for his injuries, which one lawyer described as the worst case of police abuse that he had seen in 12 years. The prosecutor refused this initial request, but noted al-Sharqawi’s injuries, and al-Sharqawi only saw a prison doctor four days later. His lawyers have not seen any report on al-Sharqawi’s injuries drafted by either the prosecutor or doctor, and the Interior Ministry has denied that he was tortured.
Al-Sharqawi’s lawyers said they filed three written requests with General Prosecutor Muhammad Faisal to investigate his allegations of torture, and al-Sharqawi told Human Rights Watch that he also repeatedly told the prosecutor he had been tortured in custody.
The authorities subsequently charged al-Sharqawi with “chanting slogans against the regime liable to disturb public order and social peace,” “insulting the president,” “insulting and assaulting officials in the course of performing their duties,” “calling for an unlicensed assembly,” and “disrupting traffic” and held him at Tora prison until a prosecutor ordered his release on July 18. His case is still open.
“Bloggers have shown the world how torture are endemic in Egypt’s police stations,” said Whitson. “The Egyptian government needs to show the world that it will bring the perpetrators of these serious crimes to justice.”
Egypt is a party to the Convention Against Torture as well as the International Covenant on Civil and Political Rights. It is thus obliged to prohibit any form of torture and ill-treatment, and to take positive measures to protect victims by carrying out thorough, impartial and prompt investigations into allegations of torture and filing criminal charges where appropriate. Article 42 of Egypt’s constitution further provides that any person in detention “shall be treated in a manner concomitant with the preservation of his dignity” and that “no physical or moral (m`anawi) harm is to be inflicted upon him.”

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